Crow v. Giebelhaus

Perry Crow commenced a negligence action against Ralph L. Giebelhaus and Donna R. Giebelhaus concerning Crow’s bodily injuries. Giebelhauses jointly demurred and claimed that Crow’s petition did not allege sufficient facts to state a cause of action. See Neb. Rev. Stat. § 25-806(6) (Reissue 1989) (insufficient factual allegations for a cause of action). The district court for Lancaster County sustained the Giebelhaus demurrer, failed to allow Crow an opportunity to amend his petition, and dismissed the action.

A court’s dismissal of an action after a demurrer has been sustained to a petition…